Clark v. Cadillac Gage

This case concerns the question of whether the liability of the Second Injury Fund for workers’ compensation benefits is "derivative” from the liability of an employer and whether the fund may dispute its liability for basic and differential benefits in a case wherein the employer has stipulated to or agreed with the employee’s entitlement to compensation for a prior loss.

We hold the Court of Appeals was correct in remanding this case to the Workers’ Compensation Appeal Board and accordingly affirm its decision.

On June 25, 1976, following a hearing, plaintiff was awarded compensation for the…